The apex court said that the L-G cannot behave as an "obstructionist" and must work in "harmony" with the Council of Ministers.
Pronouncing a verdict on the ongoing tussle between the Aam Aadmi Party (AAP)-led government in Delhi and the Lieutenant Governor (L-G), the Supreme Court (SC) for the first time laid down clear guidelines for the L-G on Wednesday. The apex court said that the L-G cannot behave as an "obstructionist" and must work in "harmony" with the Council of Ministers.
A five-judge bench of the Supreme Court, headed by Chief Justice of India (CJI) Dipak Misra, ruled that the Delhi government has power in all areas except land, police and public order and the L-G is bound by the aid and advice of the government in areas other than those exempted. "The L-G has no independent decision-making power and cannot behave as obstructionist when the Constitution gives primacy to the representative form of government," it said.
The court said that the powers of the Lieutenant Governor (L-G) of Delhi should not be mistaken with that of a Governor of a state as Delhi does not have the status of a full state. "The status of the Lieutenant Governor of Delhi is not that of a Governor of a state, rather he remains an administrator, in a limited sense, working with the designation of the Lieutenant-Governor," the court said.
The apex court has asked the L-G to act on the aid and advice of the Council of Ministers except when he/she decides to refer the matter to the President for the final decision. "The Lieutenant-Governor should not act in a mechanical manner without due application of mind so as to refer every decision of the Council of Ministers to the President," the court said.
In case of any "point of difference" between the L-G and the Council of Ministers, the Court has suggested holding "discussion and dialogue". "The L-G must work harmoniously with his ministers and must not seek to resist them every step of the way," the court said.
FOR L-G
- The L-G has no independent decision-making power and cannot behave as obstructionist when the Constitution gives primacy to the representative form of government.
- The status of the Lieutenant Governor of Delhi is not that of a Governor of a state, rather he remains an Administrator, in a limited sense, working with the designation of Lieutenant Governor.
- The Lieutenant Governor to act on the aid and advice of the Council of Ministers except when he decides to refer the matter to the President for the final decision.
- The Lieutenant-Governor should not act in a mechanical manner without due application of mind so as to refer every decision of the Council of Ministers to the President
- The Lieutenant Governor and the Council of Ministers must attempt to settle any point of difference by way of discussion and dialogue. By contemplating such a procedure, the TBR, 1993 suggest that the Lieutenant-Governor must work harmoniously with his ministers and must not seek to resist them every step of the way.
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